Note By: Henry O. Cashen

A circuit split existed in determining whether a conveyance of pollutants through groundwater and into navigable water constituted a violation of the Clean Water Act. Although the Supreme Court attempted to resolve the issue in 2020, Notes Editor Henry Cashen argues that the Court’s guidance is insufficient to direct lower courts in their analyses. Cashen advocates for a mutli-factored balancing test to determine whether a direct discharge of a pollutant or its “functional equivalent” violates the Clean Water Act’s provisions, regardless of the conveyance method.

Article by: Robin Kundis Craig

The quality of costal water remains an environmental and economic concern in the United States. In this article University of Southern California Gould School of Law Robert C. Packard Trustee Chair in Law Robin Craig explores the intersection of the Clean Water Act with the ocean and pushes for more to be done to improve ocean water quality.

Note by: Bennett Tuleja

Workers’ compensation laws provide compensation for employees injured on the job. In Kentucky, agricultural workers are barred from receiving workers’ compensation benefits. In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.

Note by: Zachary Mills

The bourbon industry is particularly prominent in Kentucky. In this note, Editor-in-Chief Zachary Mills explores the environmental hazards associated with the bourbon industry. Mills ultimately argues for changes to Kentucky’s regulatory structure in order to promote sustainable industry growth.

Blog by: Matthew Pakkala

In this blog, 3L staffer Matthew Pakkala discusses the ongoing crisis facing the Florida manatees. He briefly introduces the main threat—algae blooms—and details the situation unfolding in the Indian River Lagoon. Pakkala advocates for the Florida manatee to be reclassified as "endangered" under the Endangered Species Act of 1973.  

Blog By: Christian T. Deeter

In his blog, 3L Staffer Christian Deeter argues that the Fifth Circuit should hold the Horseracing Integrity and Safety Act (HISA) constitutional because it does not violate the non-delegation and anti-commandeering doctrines. The amended version of HISA adequately reformed the Authority, making it sufficiently subordinate to the Federal Trade Commission (FTC). Deeter supports his opinion with an analysis of the Fifth and Sixth Circuit’s recent rulings.

Blog By: Jose Herrera
In this blog, 3L Staffer Jose Herrera examines the extensive consequences of the booming avocado industry in Michoacán, Mexico. Herrera highlights environmental and social concerns that result from deforestation and corruption and advocates for regulatory reforms to address environmental degradation and safeguard community well-being.

Blog By: Sydney LaRue

The cruise ship industry has a history of harming the environment but has recently implemented energy-efficient technology to limit the amount of greenhouse gases and other waste produced by cruise liners. In this blog, 3L Staffer Sydney LaRue argues that these actions are not enough and that increased regulations on cruise ships are the answer to decreasing the harm cruise liners have on the environment. 

Blog By: Nathaniel Richey

In this blog, 3L Staffer Nathaniel Richey discusses how the patent system has the potential to hinder innovation in the agricultural industry. Richey argues in favor of a statutory research exemption from infringement of plant utility patents, drawing parallels with the statutory research exemption applicable to pharmaceuticals and medical devices under the Hatch-Waxman Act.

Blog By: Shelton Owen

In her blog, 3L Staffer Shelton Owen explores the competing views regarding the proposed EATS Act. Animal rights activists support Prop-12, granting states control over which producers can sell within their borders, while states' rights advocates aim to protect farmers by prohibiting state regulations from hindering trade. Owen argues that while Prop-12's intentions are good, many farmers struggle to keep up. She argues that the EATS Act is essential for meeting consumer demands and sustaining farming operations.

Blog By: Julia Giordano

In this blog, 3L Staffer Julia Giordano discusses Kentucky's transition to renewable energy sources like solar, highlighting the legislative efforts to regulate the decommissioning of solar panels and address concerns regarding land use, local input, and protection of landowners' rights.

Blog By: Kaitlyn Willis

In her blog, 3L Staffer Kaitlyn Willis discusses the Supreme Court's recent oral arguments, where herring fishermen contested a 2020 rule mandating costly onboard observers. The cases will hinge on the Chevron doctrine, and Willis argues in favor of retaining Chevron because ensures a clear legal framework, protects agency expertise, and maintains accountability to elected officials, crucial for effective governance in complex regulatory matters.

Blog By: Julia Ray

In her blog, 3L Staffer Julia Ray discusses the use of synthetic food dyes in the United States and the negative impact these dyes have on human health and the environment. The United States Food and Drug Administration (FDA) acknowledges the possibility of negative health effects on individuals but places the burden on the consumer to avoid dyes if they choose. Ray argues that the negative effects of synthetic dyes—along with the fact that they add no nutritional value to food—results in the need for banning their use.

Blog By: Sarah Turri

In this blog, 2L Staffer Sarah Turri explores the history of animal welfare protection in the United States, specifically with respect to animal standing in court. She argues for statutory standing to extend to animals, thus providing an avenue for animals to fully vindicate their rights.